Sheriff Report Clears Officers

A Palm Beach County Sheriff`s Office investigation found no evidence that deputies were overly aggressive in subduing a flailing man who later died while in their custody.

The report, released this week, says sheriff`s deputies who restrained a farm worker who went berserk in a Boynton Beach area bank last month acted properly and should not be disciplined.

Detective Michael Tucker of the department`s staff investigations division concluded in his report that officers had no way of knowing that Nova Benoit was nearing his death.

Tucker, in his report, said there was no evidence that deputies were overly aggressive in subduing the flailing man.

``Our officers did not act improperly,`` said Inspector Richard Sheets, who reviewed the report. ``They did not use excessive force.``

An autopsy performed by Dr. John Marraccini, of the Palm Beach County Medical Examiner`s office, concluded that Benoit died after choking on his own vomit.

The county`s deputy chief medical examiner said Benoit had infectious hepatitis, which may have been a contributing factor in his death.

Marraccini said he did not know if quicker action by deputies at the scene could have saved Benoit, 42, He said that similar deaths occur in hospitals and doctor`s offices.

Tucker, in the report, said he spoke with Jean-Claude Julien, a friend of Benoit`s, who did not report any unusual force was used on Benoit.

``This investigator asked subject Julien if he saw any unusual or unneeded force used in the apprehension of Benoit by the deputies, to which he responded no by shaking his head in a common fashion,`` Tucker wrote.

According to witnesses, Benoit and Julien had entered the Prime Bank, on West Boynton Beach Boulevard on March 30, thinking it was a medical facility.

Witnesses said Benoit went berserk when he was told it was not a medical facility and assaulted two people before running out of the office.

Benoit, witnesses said, ran into the Quail Ridge development and was chased by security guards. Witnesses said Benoit jumped into a small pond, then came out and took off his clothing.

One of the guards, witnesses said, fired two warning shots prior to the arrival of deputies.

The deputies struggled with Benoit before handcuffing him and putting him in leg restraints.

Tucker, in his report, said he investigated allegations that deputies sent paramedics away and did not allow Benoit to receive proper medical care.

The investigator said he spoke to paramedic Mike Goldberg, who went to the scene and treated one of the assault victims.

``According to Firefighter Paramedic Goldberg, he did not examine (Benoit) up close but did observe same from a few feet away and it did not appear to him that (Benoit) needed assistance,`` Tucker wrote.

Tucker also spoke with Robert Griffen, the chief of Quail Ridge security, who had been with the deputies during much of the incident. Griffen, according to the report, said deputies made efforts to revive Benoit after they realized he had stopped breathing.

Tucker, who also investigated allegations that one of the deputies made a derogatory remark, said he found no evidence to indicate the comment was made.

Griffen, according to the report, said he did hear Sgt. Richard DiFatta ``say something to the effect of `be careful, he may be faking,` `` when deputies went to aid the apparently unconscious Benoit.